INDIANA: Seventh Circuit Court Stays Marriage Ban Overturn Pending SCOTUS

Via Hoosiers Unite:

This stay was expected, and similar motions have been granted in other jurisdictions. What’s important is that our case is up for consideration by the U.S. Supreme Court at the end of this month, and we could know very soon whether the Justices will take up the issue of marriage equality in the coming term. We remain hopeful that they will do so and that they will embrace the legal sentiment that these bans harm Hoosier and American families and clearly violate our Constitution.

Marriage equality cases from five states are on the Supreme Court's list for consideration at its September 29th meeting.

Indiana AG To SCOTUS: Our Ban On Gay Marriage Doesn't Target Gay People

Saying that his state's ban on same-sex marriage does not target homosexuals, Indiana Attorney General Greg Zoeller today asked the Supreme Court to overturn the Seventh Circuit Court's ruling.

“Less than six months after my office first entered our appearance in trial court to defend our state client from this lawsuit, our case now is knocking on the door of the United States Supreme Court, timing that is lightning speed by the standards of the federal court system. Our state, nation and all persons involved need a final, unambiguous and conclusive answer from the Supreme Court on the legal authority of states to license marriages, and we ask the Court to take up this question through either our case or another case at its earliest opportunity and end the uncertainty,” Indiana Attorney General Greg Zoeller said in a news release following the filing Tuesday. The plaintiffs in the original case, represented by the American Civil Liberties Union, will file their reply to the Supreme Court Tuesday afternoon. “We would, of course, prefer that the State not seek review and abide by the decision. However, having done so, we will respond that the Court should accept the case and affirm the 7th Circuit,” said ACLU Legal Director Ken Falk.

From Zoeller's brief: "The court does not, and cannot, justify the assertion that Indiana’s definition of marriage targets homosexuals. The statue itself makes no mention of sexual orientation, and as the case record in this case amply demonstrates, homosexuals often do marry members of the opposite sex in Indiana."

Brian Brown Has The Seventh Circuit Sadz

"In the 7th Circuit case, Judge Richard Posner crafted one of the most ideologically-driven and personally invested rulings I've ever read from a federal justice—and that's saying something! Indeed, the craziest moments of Posner's decision are not merely ludicrous and poorly reasoned, they're scandalously offensive. For example, he insinuates that the people of Indiana and Wisconsin—whose marriage laws his decision strikes down—were acting against children's welfare by instantiating in law the ideal that kids have both a mother and a father!

"But it gets even worse than that. To take another—and perhaps the most egregious—example: We know that the tradition of marriage as the union of husband and wife is nearly universal to the human experience; it is a tradition honorably celebrated and sincerely believed in by nearly every religious tradition and philosophy, throughout history and in our own day. It constitutes a deeply held belief for literally billions of people worldwide.

"Well, Posner compares that tradition to cannibalism and ritualistic suicide! Marriage Supporter, you should be outraged, as I am, that the deeply held beliefs of millions of Americans like us can be subjected to such calumny by high-level judiciary official in our land. We should be disgusted to find the votes of millions of Americans to protect marriage and the interests of children in having a mom and a dad compared libelously to something as grotesque as cannibalism! The redefinition of marriage is not inevitable—not by a long shot." - Hate group leader Brian Brian, in a blog post titled A Major Victory because Louisiana. 

Local Haters Have The Wisconsin Sadz

"We are deeply disappointed but not surprised at this ruling. We knew we had the most liberal panel of judges on the 7th Circuit. When they denied the state’s request to have the case heard before all ten judges on the court, we pretty much knew what to expect. I was in the courtroom last Tuesday. I knew then what the outcome was going to be. Judge Posner in particular made his opinion quite clear. His clarity took a backseat only to his sarcasm. The struggle to preserve and protect traditional marriage is far from over. This ruling does not change the fact that a marriage of one man and one woman is the healthiest, most prosperous, and most stable place not only for the man and woman but also for the children they may bring into the world. The ruling is a denial of reality. While every marriage may not have children, every child has both a mother and father. This ruling denies children of either a mother or a father. Our organization will continue to aggressively take the message everywhere across this state that marriage between a man and woman is good not only for the individuals in a given marriage, but is also good for Wisconsin." - Julaine Appling, head of Wisconsin Family Action.

Editorial Of The Day

From the editorial board of the New York Times:

As important as the federal appeals court ruling was on Thursday declaring same-sex marriage bans in two states to be unconstitutional, the clarity and blunt reasoning behind the decision was equally momentous. Writing for a unanimous three-judge panel of the United States Court of Appeals for the Seventh Circuit, Judge Richard Posner put the case for equality starkly. “Homosexuals are among the most stigmatized, misunderstood, and discriminated-against minorities,” he wrote. Denying them the freedom to marry imposes “continuing pain,” he said, and claims that allowing same-sex marriage would harm heterosexual unions or children, or other state interests, were “totally implausible.” “Our pair of cases is rich in detail but ultimately straightforward to decide,” Judge Posner wrote in the decision striking down bans in Wisconsin and Indiana. [snip] Petitions for Supreme Court review of pro-marriage-equality rulings from the Fourth and Tenth Circuits have been filed and are supported by both sides of the issue. There is no reason at this point for the justices to prolong the harm to same-sex couples and their families by waiting for all the remaining state battles to play out.

Tony Perkins Has The Seventh Circuit Sadz

"I am very troubled that this court failed to recognize the self-evident truth that children need and deserve a mom and dad. The ruling doesn't appear to allow society to choose to maintain a coherent definition of marriage. The courts have no true constitutional authority to unilaterally change the definition of our most fundamental social institution. Yet this court is engaging in judicial activism unlike yesterday's federal court ruling which upheld the right of Louisiana voters to preserve natural marriage in their state's public policy.

"The Seventh Circuit's radical departure from natural law and the received wisdom of human history continues to undermine the legitimacy of the courts in the eyes of a majority of Americans. Marriage redefinitions imposed by judicial fiat cannot change the truth about marriage, men, women, children, and parenting. Ultimately, the American people will have the final word as they experience the consequences of marriage redefinition and the ways in which it fundamentally alters America's moral, cultural and political landscape." - Hate group leader Tony Perkins, via press release.

Local Haters Have The Indiana Sadz

"Today the 7th Circuit Court of Appeals sent a shocking and destructive message to Indiana lawmakers and all Hoosier citizens: Moms and Dads are optional. The 40 page decision departs from the constitutional role of the judiciary to interpret the law and instead the Court assumes a moral superiority over the people of Indiana and our elected leaders. The Court is correct that all people are capable of loving children, but it fails to realize that all the love in the world can’t turn a mother into a father or a father into a mother. Same-sex 'marriage' is at odds with the ideal. It harms society by encouraging more motherless and fatherless homes, when we should have fewer.

"There are societal consequences of undermining marriage, even beyond the destructive impact of more motherless and fatherless homes. Threats to marriage have already impacted religious freedom, free speech, adoption services, child custody, family law, and what children are taught in government-run schools around the country. Those problems and many more will increase in Indiana if this decision is allowed to stand. Marriage is a public policy that should be decided by the public, not the Courts. The future of marriage should be in the hands of Hoosier voters not activist judges. In February, the Indiana General Assembly robbed Hoosier voters of their ability to vote on marriage between a man and a woman on their ballot this November." - The Indiana Family Institute, via press release.

WISCONSIN: Attorney General To Appeal Marriage Ban Overturn To SCOTUS

Wisconsin Attorney General J.B. Van Hollen says he will appeal today's ruling to the Supreme Court.

Van Hollen’s spokeswoman, Dana Brueck, said in an email to The Associated Press that Van Hollen has always believed the case will be decided in the that court. U.S. District Judge Barbra Crabb struck down the ban as unconstitutional in June. Hundreds of gay couples married in the week between her decision and her order staying the ruling pending appeal. Van Hollen asked the 7th Circuit Court of Appeals to reverse Crabb but the court refused on Thursday, saying the ban violates the U.S. Constitution. Brueck says the stay remains in place until all appeals are exhausted.

BREAKING: Seventh Circuit Strikes Down Marriage Bans In Wisconsin & Indiana

The ruling is here.

UPDATE: Via the Muncie Star Press.

A U.S. appeals court in Chicago ruled Thursday that gay marriage bans in Wisconsin and Indiana violate the U.S. Constitution — thereby bumping the number of states where gay marriage will be legal from 19 to 21. The unanimous decision by the three-judge panel of the U.S. 7th Circuit Court of Appeals is yet another in a series of courtroom wins for gay-marriage advocates. Since last year, the vast majority of federal rulings have declared same-sex marriages bans unconstitutional. The Wisconsin and Indiana cases shifted to Chicago after attorneys general in the states appealed separate lower court rulings in June that tossed the bans. The 7th Circuit stayed those rulings pending its own decision on the cases, which were considered simultaneously. Between the bans being struck down and the order restating them as the appeals process ran its course, hundreds of gay couple in both states rushed to marry. Those marriages could have been jeopardized had the 7th Circuit restored the bans.

UPDATE II: Freedom To Marry reacts.

"Today’s sharp and scathing ruling demolishes the arguments and unsubstantiated claims made by opponents of the freedom to marry, repeated in the outlier decision out of Louisiana yesterday, and affirms what nearly 40 other federal and state courts have found: the denial of the freedom to marry inflicts real harms and is constitutionally indefensible. Judge Posner's authoritative opinion points the way, and the Supreme Court should move swiftly now to end marriage discrimination nationwide, without prolonging the harms and indignity that too many couples continue to endure in too much of the country.”

UPDATE III: Lambda Legal reacts:

The decision, written by Justice Posner, contained strong language highlighting the importance of marriage for the children of same-sex couples: “Because homosexuality is not a voluntary condition and homosexuals are among the most stigmatized, misunderstood, and discriminated-against minorities in the history of the world, the disparagement of their sexual orientation, implicit in the denial of marriage rights to same-sex couples, is a source of continuing pain to the homosexual community.”

“The court has affirmed the love and commitment our plaintiffs and thousands of same-sex couples in Indiana and Wisconsin have for each other. The unanimous decision also reinforces the importance of marriage for the children of same-sex couples, who shouldn’t have to grow up thinking their families are inferior to other families,” said Paul Castillo, Staff Attorney for Lambda Legal. “Today’s ruling adds to the incredible legal momentum for marriage we are seeing in courts across the country; it is a joyous day for freedom and justice in the Midwest.”

AP Reports On Seventh Circuit

Via the Associated Press:

Federal appeals judges bristled Tuesday at arguments defending gay marriage bans in Indiana and Wisconsin, with one Republican appointee comparing them to now-defunct laws that once outlawed weddings between blacks and whites. Judge Richard Posner, who was appointed by President Ronald Reagan, was dismissive when Wisconsin Assistant Attorney General Timothy Samuelson repeatedly pointed to 'tradition' as the underlying justification for barring gay marriage. "It was tradition to not allow blacks and whites to marry — a tradition that got swept away," Posner said. Prohibition of same sex marriage, he said, is "a tradition of hate ... and savage discrimination."

Posner frequently cut off Indiana Solicitor General Thomas Fischer, just moments into his presentation and chided him to answer his questions. At one point, Posner ran through a list of psychological strains of unmarried same-sex couples, including having to struggle to grasp why their schoolmates' parents were married and theirs weren't. "What horrible stuff," Posner said. What benefits to society in barring gay marriage, he asked, "outweighs that kind of damage to children?" The answer has to do with "procreation," Fisher answered. "All this is a reflection of biology," Fisher said. "Men and women make babies, same-sex couples do not... we have to have a mechanism to regulate that, and marriage is that mechanism."

The ACLU and Lambda Legal have essentially reiterated their equal protection arguments in appeals court filings, arguing that the bans deny gay couples state and federal legal protections and benefits that married straight couples enjoy. "The freedom to marry is a core aspect of personal liberty for all Americans," the ACLU said in its briefs. There was some levity during the hearing. As Samuelson struggled to offer a specific reason for how gay marriage bans benefit society, he suddenly noted a yellow courtroom light signaling his allotted time was up. "It won't save you," Williams told him, prompting laughter in court. Samuleson smiled, saying "it was worth a try."

Seventh Circuit Audio Is Now Online

The judges are just brutal with the Solicitor General of Indiana.

First Report From Seventh: All Three Judges "Skeptical" Of Marriage Opposition

Each judge - Posner, Williams and Hamilton - skeptical of arguments for marriage bans. My prediction: 3-0 ruling for #MarriageEquality.— Chris Johnson (@chrisjohnson82) August 26, 2014

Reagan-appointed Posner most vocal in skepticism, asking Qs about why states want to children with same-sex parents to be worse off.
— Chris Johnson (@chrisjohnson82) August 26, 2014

Williams expressed confusion over procreation argument for same-sex marriage ban. "Here are people who know they want to have children."
— Chris Johnson (@chrisjohnson82) August 26, 2014

First take: Plaintiff same-sex couples will win marriage case at 7th Circuit. It will almost certainly be 3-0, likely on equal protection.
— Chris Geidner (@chrisgeidner) August 26, 2014

Also: If you see the lawyer who represented Wisconsin, give him a hug. That was rough.
— Chris Geidner (@chrisgeidner) August 26, 2014

#7thCircuit, Judge Hamilton said: "You're making the same argument that was made in 'Loving,' and #SCOTUS rejected it."

— freedomtomarry (@freedomtomarry) August 26, 2014

Here's What Got Us To The Seventh

TODAY: Seventh Circuit Court To Hear Marriage Cases From Indiana & Wisconsin

A long line has formed outside the Seventh Circuit Court of Appeals in Chicago this morning for today's hearing of the marriage equality lawsuits for Indiana and Wisconsin. I'll be posting live-tweets from the scene and audio/video as it becomes available. Washington Blade reporter Chris Johnson is on the scene.

UPDATE: Today's panel of judges has been announced.

TUESDAY: Seventh Circuit Court To Hear Marriage Cases From Indiana & Wisconsin

Here's a reminder for next week:

On Tuesday, August 26th, the U.S. Court of Appeals for the Seventh Circuit will hear arguments in court cases from Indiana and Wisconsin in which federal district courts ruled against the states’ bans on marriage for same-sex couples. Baskin v. Bogan of Indiana – which was consolidated with Lee v. Pence and Midori Fujii v. State of Indiana – and Wisconsin's Walker v. Wolf are slated to go before a three-judge panel of the Seventh Circuit at 9:30am CT. In total there have been twenty federal court rulings against bans on marriage equality across the country – seventeen federal district court rulings and three circuit court rulings upholding district court rulings – all since the U.S. Supreme Court struck down key provisions of the federal Defense of Marriage Act (DOMA) in United States v. Windsor in June of last year.

Target Files Pro-Gay Marriage Briefs With Seventh Circuit Court Of Appeals

Minneapolis-based retail giant Target today filed amicus briefs in support of the plaintiffs in same-sex marriage lawsuits against the states of Wisconsin and Indiana. The Human Rights Campaign reacts:

“Today Target joins a growing chorus of Americans and businesses that know these bans on marriage equality serve no purpose other than to harm families,” said Human Rights Campaign (HRC) President Chad Griffin. “Discrimination should have no place in our society, much less our laws. We are grateful to Target for speaking out and standing up for the rights of not just its LGBT employees, but Americans from across the country who deserve to be treated with fairness and equality under the law.” Target received a 100% on the Human Rights Campaign Foundation’s latest Corporate Equality Index (CEI), which scores American businesses on corporate policies and practices pertinent to lesbian, gay, bisexual and transgender employees.

The Minneapolis Business Journal notes that today's action comes after Target remained silent during the 2012 marriage battle in its home state.

"It is our belief that everyone should be treated equally under the law, and that includes rights we believe individuals should have related to marriage," wrote Jodee Kozlak, Target's executive vice president and chief human resources officer. Target said it already offers comprehensive benefits to LGBT employees and their families. "We continue to do so today because we believe doing so is right for our team and for our business. But current laws — in places like Wisconsin and Indiana that are addressed in this brief – make it difficult to attract and retain talent," Kozlak wrote in a Target blog post. "These disparate laws also create confusing and complicated benefits challenges across multiple states."

Read the full announcement at Target's corporate site. And stand by for NOM's Dump Target boycott campaign!

Seventh Circuit Court Sets August 26th As New Date For Indiana And Wisconsin

Via the Associated Press:

The 7th U.S. Circuit Court of Appeals announced Friday on its online docket that it has rescheduled oral arguments for both states' appeals of federal court decisions for Aug. 26. Federal judges in Indiana and Wisconsin overturned each state's gay marriage ban in separate rulings. When both states appealed, the 7th Circuit Court combined the cases and set aside the previous hearing date. The 7th Circuit also denied requests that the states' appeals be heard before the full 10-member court instead of a three-judge panel, as is customary. Hundreds of same-sex couples were married in both states after the bans were overturned and before stays were issued.

(Tipped by JMG reader Luis)

INDIANA: Liberty Counsel Files Anti-Gay Brief With Seventh Circuit Court

Yesterday the Liberty Counsel filed an amicus brief with the Seventh Circuit Court of Appeals in the Indiana marriage case that is due to be heard jointly with the Wisconsin case.  The brief hits all the usual hater points: Regnerus, AIDS, anal cancer, procreation. blah, etc, blah. Also filing briefs are the attorneys general of ten states and the United States Conference of Catholic Bishops.

Headline Of The Day

The arguments slated for August 13th have been canceled for undisclosed reasons. Strange.

Seventh Circuit Court Sets August Date For Wisconsin And Indiana Cases

The Seventh Circuit Court of Appeals yesterday announced that it will hear arguments in the Indiana and Wisconsin marriage bans cases on August 13th.

The scheduled arguments will come a week after the scheduled arguments in the 6th Circuit Court of Appeals, where bans in Kentucky, Michigan, Ohio, and Tennessee are being challenged. The 10th Circuit Court of Appeals already ruled that Utah’s ban on same-sex couples’ marriages is unconstitutional, and Utah officials said last week that the state will be asking the Supreme Court to review the case. The 4th Circuit Court of Appeals heard a challenge to Virginia’s marriage ban in May but has not yet ruled on the matter. The 9th Circuit Court of Appeals is slated to hear appeals of challenges from Hawaii, Idaho, and Nevada in September. The 5th Circuit Court of Appeals also has a challenge to Texas’s marriage ban pending, but no arguments are scheduled.

Things are really heating up.